In a significant ruling on family law, the Supreme Court has held that a divorce notice cannot take legal effect until the mandatory 90-day period is completed, affirming that a wife retains the right to withdraw the divorce.
The court dismissed the appeal filed by Muhammad Hassan Sultan, upholding earlier decisions of the union council concerned and the Sindh High Court.
A three-member bench headed by Chief Justice Yahya Afridi, and including Justice Shafi Siddiqui -- who authored a 12-page judgement -- heard the case.
According to the court, the couple had been living in New York after marriage. In 2023, the wife returned to Karachi with her daughter, where she issued a divorce notice on July 3, 2023.
Wife withdrew divorce within 90 days; UC halted process
The wife submitted an application to withdraw her divorce notice on August 10, 2023, well within the 90-day period prescribed under Pakistani law. The union council in Karachi subsequently terminated the divorce proceedings, stating that the 90-day period had not concluded, making the notice legally ineffective at that stage.
The Supreme Court noted that under Pakistani law, a wife’s withdrawal of divorce within 90 days is valid and fully recognized.
Husband’s attempt to restart proceedings rejected
After the wife withdrew the notice, the husband approached the union council in Karachi seeking initiation of divorce proceedings. The UC dismissed his application, citing lack of jurisdiction, ruling that because the wife had already moved back to New York, proceedings from Karachi could not continue.
The UC further stated that any relevant action should have been pursued through the Pakistan Mission in New York.
Union council, Sindh High Court acted lawfully
The husband later challenged the union council’s decisions before the Sindh High Court, which upheld the council’s ruling and dismissed his petition. In its final verdict, the Supreme Court declared that the decisions of the UC were in accordance with the law, the Sindh High Court was correct in upholding them, the wife’s application in New York had no bearing on Pakistan’s legal process, and the husband’s appeal had no legal grounds and therefore stood rejected.
The judgement reinforces the protections built into Pakistan’s family law system, especially the requirement of 90 days for reconciliation or withdrawal before a divorce becomes effective.
